SRC-HRD S.B. 1416 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1416
By: Ellis
Finance
4-23-97
As Filed


DIGEST 

Currently, agencies of the State of Texas may not select as a depository
institution any financial institution which has a rating below
"outstanding record in meeting community credit needs" or "satisfactory
record of meeting community needs" under 12 U.S.C. Section 2906.
Essentially, this prohibits the state from utilizing a depository
institution that has a poor record of performance under the Community
Reinvestment Act.  S.B. 1416 would extend this prohibition to include
other political subdivisions within the state, including a county,
municipality, special purpose district, and an authority.   

PURPOSE

As proposed, S.B. 1416 prohibits political subdivisions of the state from
selecting as a depository a regulated financial institution that has been
assigned a rating below "outstanding record of meeting community credit
needs" or "satisfactory record of meeting community record needs" under 12
U.S.C. Section 2906. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 10F, Government Code, by adding Chapter 2258, as
follows: 

SUBCHAPTER 2258.  DEPOSITORY INSTITUTIONS ELIGIBLE FOR DEPOSIT OF PUBLIC
FUNDS 

Sec. 2258.001.  DEFINITIONS.  Defines "political subdivision," "public
agency," "regulated financial institution," and "state agency." 

Sec. 2258.002.  SCOPE OF CHAPTER.  Provides that this chapter applies to
funds deposited in a regulated financial institution by a public agency,
including funds deposited under Chapter 116, Local Government Code,
Chapter 404, or any other law. 

Sec. 2258.003.  DUTY OF FINANCIAL INSTITUTION.  Requires a regulated
financial institution that accepts a deposit of public funds to report to
the public agency that made the deposit the rating assigned to the
financial institution under 12 U.S.C. Section 2906. Requires a regulated
financial institution to make a report required by this section annually,
not later than August 1 of each year, and not later than the 30th day
after the date the financial institution is notified that the assigned
rating has been changed.   

Sec. 2258.004.  PROHIBITED DEPOSITS.  Prohibits a public agency from
selecting as a depository a regulated financial institution that has been
assigned a rating below "outstanding record of meeting community credit
needs" or "satisfactory record of meeting community credit needs" under 12
U.S.C. Section 2906.  Requires a public agency, upon receipt of notice
that the rating of a financial institution is changed to a rating below
that required by this section, to take immediate action to transfer all
public funds on deposit with the institution to a qualified financial
institution. 
 
Sec. 2258.005.  WITHDRAWAL WITHOUT PENALTY.  Requires the depository
contract between a regulated financial institution and a public agency to
authorize the withdrawal without penalty of the public funds on deposit in
the event that the rating of the institution is changed to a rating below
that required by Section 2258.004.   

SECTION 2. (a) Requires, except as provided by Subsection (b) of this
section, the state and each state agency, political subdivision, and
publicly owned utility to ensure that funds deposited by the entity are
deposited in compliance with Chapter 2258, Government Code, as added by
this Act, not later than January 1, 1998.   

(b) Authorizes a regulated financial institution that is acting as a
depository of funds subject to Chapter 2258, Government Code, as added by
this Act, on the effective date of this Act and that does not have an
assigned rating under 12 U.S.C. Section 2906 that satisfies the
requirement of Section 2258.004, Government Code, as added by this Act, to
continue to hold the funds only for the period necessary to avoid the
imposition of a penalty on the depositing entity.   

(c) Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.